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Buffalo furniture store accused of scamming customers

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Posted at 12:57 PM, Sep 28, 2017
and last updated 2017-09-28 12:57:22-04

The New York State Attorney General's office is suing a Buffalo furniture store for allegedly charging customers and never delivering items.

Attorney General Eric Schneiderman says his office received several complaints from customers who shopped at Chairs & Tables, Inc. on South Park Avenue.

The complaints alleged the store's owner, James Damico charged customers for furniture but never gave them estimated delivery dates, which is required by state law.

The lawsuit wants Damico to identify every customer who provided advance payment for items but did not receive them, then make full restitution to those customers.

The lawsuit also seeks to protect future consumers by banning Damico from the furniture business unless he posts a $20,000 bond to protect consumers who may provide down payments in the future.

The Attorney General's Office provides the following tips for consumers buying furniture:

  • In New York State, at the time of the sale, a furniture dealer must disclose to the consumer an estimated delivery date or range of delivery dates. The disclosure must be conspicuous and in writing. 
  • If the furniture dealer fails to deliver the furniture by the latest date stated for delivery, the dealer must notify the consumer of:
    • the delay and the revised anticipated delivery date or range of delivery dates; and
    • the fact that, upon the expiration of the latest date stated for delivery in the original contract, the consumer shall have the option of:
      • canceling the contract and receiving a full refund; or
      • canceling the contract and receiving a credit from the seller in an amount equal to any deposit made by the consumer; or
      • negotiating a new delivery date or range of delivery dates with the seller; or
      • modifying the contract by making a new selection of furniture or major household appliance.
  • When the consumer chooses a refund, the furniture dealer must provide the refund within two weeks.